Victory In The “N-Word On Trial” As The Crown Drops Charges Against Black Woman – Ife Thompson Instructed For The Defendant
Ife Thompson, of Nexus Chambers was instructed by Ghislaine Sandoval of Hodge Jones and Allen.
A recent university student of good character, Jamila A (22 years old), is no longer facing prosecution after the Crown Prosecution Service (CPS) discontinued the matter citing that there is not enough evidence to provide a realistic prospect of conviction.
Jamila A had been charged under s.127 of the Communications Act 2003 for allegedly using obscene communications after responding to a tweet on 27 August 2023 from another Black person in the USA with the African American Vernacular English (‘AAVE’) /Black British English (‘BBE’) term “Nigga”. Jamila A’s tweet was picked up by a data monitoring organisation.
The Defence Case
Discontinuance of the matter was preceded by two letters of representations submitted to the CPS, one a total of 23 pages, arguing that the matter did not pass the evidential or public interest stage of the test required to prosecute someone. A lengthy Defence Case Statement was also served which set out 19 disclosure requests the Defence required of the CPS not limited to but including whether various parties had consulted their equality and diversity team/s about the nature of the use of the word “Nigga” and whether a black person would find this offensive. A few of the points highlighted are noted below:
- Jamila A is a fluent Black-British English speaker, and her use of the term “Nigga” was a fundamental part of her language practice;
- The prosecution disproportionately interfered with her rights under Article 10 of the European Convention of Human Rights (‘ECHR’) to Freedom of Expression and right to use language from her culture which should be protected from discrimination under Article 10, read in conjunction of Article 14 of the ECHR;
- The case placed undue stress and anxiety on Jamila A by prolonging proceedings unnecessarily;
- The CPS’s failure to consider the cultural and linguistic context of her speech, reinforces anti-Black linguistic discrimination and raises concerns about its compliance with Section 149 of the Equality Act 2010;
- No evidence of any party finding the Tweet offensive, indecent, obscene or menacing had been provided;
- A pro-bono research comment on AAVE by Dr April Baker Bell noting “The term nigga is a linguistic reappropriation of the racial slur nigger, which was a derogatory term that started being used by white Americans in the nineteenth toward Black Americans to express hatred, bigotry, and anti-Black racism. Because the term nigger is a racialized epithet within the broader American English lexicon, the reappropriation of the term by AAVE speakers is often misunderstood by non-members of the Black speech community. When used by AAVE speakers, the term has a different pronunciation (postvocalic -r deletion rule), a different spelling (nigga vs nigger), and a variety of meanings.”
Despite these detailed representations sent in August 2024 and further ones sent in January 2025, the Crown still proceeded with the case.
Adjournment & Case Review
Just before the second trial listing, the Crown urgently requested an adjournment to further review whether they would proceed with the prosecution after the Defence Case Statement had been submitted.
The Defence raised concerns in the Defence Case Statement that Jamila was originally charged under section 1(1)(a) and (4) of the Malicious Communications Act 1988. An ‘amended charge’ was served on 01/08/2024 changing the charge from an either way (offence which can be heard before a jury in the Crown Court) to a summary only offence (which can only be dealt with by the Magistrates’ Court) under section 127(1)(a) and (3) of the Communications Act 2003 outside of the 6 month time limit. It is important to note that this change of charge took place following the Independent’s article dated 22 July 2024 raising concerns that a “Black woman has been charged after using the n-word in a tweet to another Black woman”. The conclusion of the article states “The article was amended on 24 July 2024 to attribute to the CPS details of the act under which it said Ms Abdi had been charged” however no amended charge had been brought to the attention of the Defence until it was uploaded to the Court evidence system on 01 August 2024 therefore it appears a news outlet were informed of an intention to change the charge prior to the Defence. The Defence made it clear that it was their intention to make an abuse of process application as part of pre-trial legal arguments if the matter was to proceed. Jamila was denied the choice of a jury trial as a result of the change in charge and the conduct of the Crown brings the integrity of the criminal legal system into disrepute.
The District Judge granted the adjournment, “noting that there were serious issues of fact and law with the case and that it is appropriate and necessary for the Crown to review its position in light of the Defence statement.”
On 5th March 2025, the Crown formally wrote to the Defence, confirming that they would no longer be proceeding with the charges against Jamila A.
Ife Thompson, who led the defence, worked extensively to instruct linguistic and cultural experts to protect and uphold Jamila A’s linguistic rights. The expert reports were served on both the Crown and the Court in preparation for the trial.
Expert Analysis Summary
Three experts provided analysis supporting that Jamila A’s use of the term “Nigga” was rooted in Black linguistic and cultural practices rather than being an offensive/obscene. In short:
- Dr Dominique Branson (USA-based AAVE linguist) emphasised that language interpretation belongs to the speech community. She noted that Jamila A’s identity as a Black person and acceptance of the term within her social network aligned with broader linguistic research, confirming that her usage was consistent with AAVE norms;
- Dr Ian Cushing (UK-based linguist, specialist in Black British English) highlighted that “Nigga” has been widely used in Black British English (BBE) since the rise of hip-hop in the 1980s, particularly in London. He pointed to sociolinguistic research showing its role in expressing Black identity and solidarity. He also referenced the Aston University Institute for Forensic Linguistics, which classifies the term as neutral or affectionate in many contexts; and
- Adele Oliver (Rap and Drill Expert) underscored the term’s deep integration into UK and US rap music. She argued that rap has facilitated intra-community appropriation of “nigga,” shaping its meaning across the Black diaspora. While the term can be an expletive, its usage within Black communities carries cultural significance beyond its historically offensive connotations.
Statement from Jamila’s barrister, Ife Thompson
“This case raises serious concerns about how the CPS and police are unfairly and inappropriately criminalising Black language speakers. Like many other cases, it highlights the urgent need to review how charging decisions can reinforce and perpetuate anti-Black linguistic racism and discrimination.
The mainstream ‘colourblind’ approach to racism ignores the nuances of Black identity, leading to discriminatory outcomes like this one. The case also raises questions about the use of processes and procedures in content moderation.
This victory is a step towards ensuring the CPS and police recognise Black languages like AAVE and BBE and adopt a more culturally nuanced and human rights-centred approach to such cases in the future.”
Statement from Jamila’s solicitor, Ghislaine Sandoval
“We are delighted that the right decision has finally been taken to discontinue this case against a young Black woman of good character. However, Jamila should never have been charged in the first place.
Black people are the most overrepresented of all ethnic minorities in the criminal legal system. Dr Cushing’s report raised that “Black language is misinterpreted and misunderstood” and “young Black girls in particular have their language and literacy practices called into question. This happens in all social contexts, from classrooms to workplaces to online spaces.”
It is clear that Black language rights, particularly those of young Black women, are being disproportionately violated by the state and their Human Rights are not being properly protected or applied. Free speech by people of colour is being over policed and over criminalised, there is a lack of cultural understanding and awareness of the language and how it is used by diverse communities.
Unfortunately, the result cannot give Jamila the time she has spent subject to the stress and anxiety of these proceedings back, which had been hanging over her head for over a year. Our team fought tirelessly for a case which should not have made it to Court.”
Statement from the accused, Jamila A
“This past year and a half has been incredibly stressful. This case has shown the immense racism that is in our legal system. I was being prosecuted for speaking in a way that comes natural to me as a Black woman and is widely accepted within my community. It is absurd that the CPS continue to criminalise and prosecute black people for existing their cultural and linguistic realities and while I am relieved that the case is over, I know I wont get back the time that I have lost worrying about this case.
I cannot express enough my gratitude to my incredible legal team; Ife Thompson and Ghislaine Sandoval who fought tirelessly on this case when I felt powerless. Their dedication, expertise and their unwavering belief in my right to justice got us this result today. I also want to thank the team behind the Justice for Jamila A campaign who have supported me massively through this case. Their solidarity, advocacy and refusal to stay silent made all the difference. While this has been a difficult journey, I am reminded how important community and collective action are powerful forces for change.
This is not just about me. Black people, particularly young black men and women, are disproportionately targeted, policed and punished for the ways we speak regardless of the setting. It’s unacceptable that our cultural expressions are seen as threats that need to be punished while others’ are normalised. This case is a stark reminder of the ongoing racial bias embedded in institutional that claim to serve justice.”
Jamilia A was supported by the Justice For Jamila A Campaign, a coalition of community groups including Black Lives Matter UK, Sisters Uncut, 4Front, Art Not Evidence and BLAM UK, activists and human rights defenders. Special thanks to writer Nels Abbey, whose efforts were instrumental in connecting Jamila A with her legal team and bringing this injustice to light. His unwavering support throughout the case has been invaluable.
This case has been covered by The Independent: Read more here.